Text and Explanation
Narrated by Amr bin Shu'aib, from his father, from his grandfather, that the Prophet (ﷺ) said:"Whoever intentionally kills, he is to be handed over to the heirs of the murdered person. If they wish, they may kill him (in retribution), or if they wish, they may take the blood money (Diyah).
The blood money consists of: thirty Hiqqah camels (three-year-old), thirty Jadha'ah camels (four-year-old), and thirty Khalifah (pregnant she-camels).
This is the Diyah for intentional killing.
Whatever they agree upon as settlement is permissible.
This ruling is a form of strictness regarding blood money."
(Wording according to Al-Bayhaqi)
Authentication and Reference:
This Hadith is Hasan (good) in grading.
Sources:
- Musnad Ahmad (2/183)
- Sunan Abu Dawud (Hadith 3506)
- Jami' al-Tirmidhi (Hadith 1387)
- Al-Sunan Al-Kubra by Al-Bayhaqi (8/8)
Important Points
➊ There are Three Types of Killing:- ① Intentional Killing (Qatl al-Amad)
- ② Killing by Mistaken Intent (Shibh al-Amad)
- ③ Unintentional Killing (Qatl al-Khata')
➋ Ruling in Intentional Killing:
- Primarily, Qisas (legal retribution) is prescribed.
- The procedure involves handing over the murderer to the heirs of the victim.
- The heirs have the right to take retribution by killing the murderer, but they must avoid injustice or mutilation.
- They can either kill the murderer as retribution or forgive him and accept blood money (Diyah).
➍ Diyah (Blood Money) in Intentional Killing:
- The Diyah is as follows:
- Thirty camels of three years of age (Hiqqah)
- Thirty camels of four years of age (Jadha'ah)
- Forty pregnant she-camels (Khalifah)
This content has been taken from "Ḍiyā' al-Islām fī Sharḥ al-Ilmām bi-Aḥādīth al-Aḥkām" authored by Sheikh Taqi al-Din Abu al-Fatḥ, translated by Maulana Mahmood Ahmad Ghaznavi (رحمه الله).
